Prosecuttion of Offenses

Question 1

What offenses requires a preliminary investigation?

Answer 1

Those where the
penalty prescribed by law is at least 4 years, 2 months and 1 day [Sec. 1, Rule 112, as amended by A.M. No. 05-8-26-SC]

Sec. 1, Rule 112, as amended by A.M. No. 05-8-26-SC]

Except as provided in Section 7 of this Rule, a preliminary investigation is required to be conducted before the filing of a compliant or information for an offense where the penalty prescribed by law is at least four (4) years, two (2) months and one (1) day without regard to the fine.

Question 2

How is criminal action instituted when the offense requires preliminary investigation?

Answer 2

The criminal action is instituted by filing the complaint with the appropriate officer for PI [Sec. 1(a), Rule 110]

Question 3

How is the criminal action instituted when the offense does not require a preliminary investigation?

Answer 3

a. The complaint or information is filed directly with the MTCs and MCTCs; or
The criminal action is instituted by filing the complaint with the appropriate officer for PI [Sec. 1(a), Rule 110]

b. The complaint is filed with the office of the prosecutor
[Sec. 1(b), Rule 110]

Question 4

In Manila and other chartered cities, how is the criminal action instituted when the offense does not require a preliminary investigation?

Answer 4

In Manila and other chartered cities, the complaint shall be filed with the office of the prosecutor unless otherwise provided in their charters [Sec. 1(b), Rule 110]

Question 5

What is the effect of the institution of a criminal action?

Answer 5

The institution of a criminal action shall interrupt the running of the prescription period of the offense charged UNLESS otherwise provided in special laws [Sec. 1, Rule 110]

There is no more distinction between cases under the RPC and those covered by special laws with respect to the interruption of the period of prescription [People v. Pangilinan, G.R. No. 152662 (2012)]

Question 6

How is the prescriptive period interrupted when the dispute is under mediation, conciliation, or abitration?

Answer 6

The prescriptive period for offenses and causes of action under existing laws shall be interrupted upon the filing of the complaint with the Punong Barangay.

While the dispute is under mediation, conciliation or arbitration, the prescriptive periods for offenses and causes of action under existing laws shall be interrupted upon the filing of the complaint with the Punong Barangay [Sec. 410, LGC]

Question 7

When shall the prescriptive period interrupted by the filing of complaint with the Punong Barangay resume ?

Answer 7

The prescriptive periods shall resume upon receipt by the complainant

a. of the complaint or
b. the certificate of repudiation or
c. of the certification to file action issued by the Lupon or Pangkat Secretary

Such interruption however shall not exceed 60 days from the filing of the complaint with the punong barangay [Sec. 410(c), LGC]

Question 8

What criminal cases require prior recourse to the Lupon?

Answer 8

Offenses punishable by imprisonment not exceeding one (1) year or a fine not exceeding P5,000 [Sec. 408(c), LGC] and where the parties actually reside in the same city or municipality

Question 9

What are the exceptinos toe criminal cases which required prior recourse to the Lupon?

[Offenses punishable by imprisonment not exceeding one (1) year or a fine not exceeding P5,000 [Sec. 408(c), LGC] and where the parties actually reside in the same city or municipality]

Answer 9

Exceptions:

a. when there is no private offended party [Sec. 408(d), LGC]
b. One party is the government or any subdivision thereof [408(a), LGC];
c. One party is a public officer or employee, and the dispute relates to the performance of his official functions [408(b), LGC];
d. Parties actually resides in different cities or municipalities, EXCEPT where such barangays adjoin each other AND the parties agree to amicable settlement by an appropriate lupon [408(f), LGC];
e. when the accused is under police custody or detention

Question 10

What is the genaral rule regarding the power of the investigating prosecutor to file or dismiss a complaint or information?

Answer 10

No complaint or information may be filed or dismissed by an investigating prosecutor without the prior written authority or approval of the provincial or city prosecutor or chief state prosecutor or the Ombudsman or his deputy [Sec. 4, Rule 112, as amended by A.M. 05-8-26-SC]

Section 4

Resolution of investigating prosecutor and its review. —

If the investigating prosecutor finds cause to hold the respondent for trial, he shall prepare the resolution and information. He shall certify under oath in the information that he, or as shown by the record, an authorized officer, has personally examined the complainant and his witnesses; that there is reasonable ground to believe that a crime has been committed and that the accused is probably guilty thereof; that the accused was informed of the complaint and of the evidence submitted against him; and that he was given an opportunity to submit controverting evidence. Otherwise, he shall recommend the dismissal of the complaint.

Within five (5) days from his resolution, he shall forward the record of the case to the provincial or city prosecutor or chief state prosecutor, or to the Ombudsman or his deputy in cases of offenses cognizable by the Sandiganbayan in the exercise of its original jurisdiction. They shall act on the resolution within ten (10) days from their receipt thereof and shall immediately inform the parties of such action.

No complaint or information may be filed or dismissed by an investigating prosecutor without the prior written authority or approval of the provincial or city prosecutor or the Ombudsman or his deputy.

Where the investigating prosecutor recommends the dismissal of the complaint but his recommendation is disapproved by the provincial or city prosecutor or chief state prosecutor or the Ombudsman or his deputy on the ground that a probable cause exists, the latter may, by himself, file the information against the respondent, or direct another assistant prosecutor or state prosecutor to do so without conducting another preliminary investigation.

If upon petition by a proper party under such rules as the Department of Justice may prescribe or motu proprio, the Secretary of Justice reverses or modifies the resolution of the provincial or city prosecutor or chief state prosecutor, he shall direct the prosecutor concerned either to file the corresponding information without conducting another preliminary investigation, or to dismiss or move for dismissal of the complaint or information with notice to the parties. The same rule shall apply in preliminary investigations conducted by the officers of the Office of the Ombudsman. (4a)

Question 11

What are the exception to the rule that ‘no complaint or information may be filed or dismissed by an ivestigating prosecutor without the prior written authority or approval of the provincial or city prosecutor or chief of state prosecutor or the Ombudsman or his depute’?

Answer 11

Crimes that cannot be prosecuted de officio:

De Officio Prosecution:
In other countries, the term de officio prosecution refers to a case being prosecuted upon information signed by the prosecuting officer rather than upon a complaint signed by the complaining party

Rationale:
This was imposed out of consideration for the aggrieved party who might prefer to suffer the outrage in silence rather than go through with the scandal of a public trial [People v. Yparraguirre, G.R. No. 124391 (2000)]

Question 12

What are the crimes that cannot be prosecuted de officio?

Answer 12

a. Adultery and Concubinage
b. Seduction, abduction, acts of lasciviousne ss
c. Defamation, which consists of imputation of any of the foregoing offenses

Question 13

Who may file an information or complaint against Adultery and concubinage?

Answer 13

Offended spouse

Question 14

What are the conditions for filing an information and complaint against Adultery and Concubinage (by the offended spouse)?

Answer 14

a. Must include both guilty parties, if both alive

b. Must not have consented to the offense or Adultery and concubinage
Offended spouse
pardone d the offender s

c. The marital relationship must still be subsisting
[Pilapil v. Ibay-Somera, G.R. No. 80116, (1989)]

Question 15

Who may file an information or complaint against Seduction, Abduction, Acts of Lasciviousness?

Answer 15

a. Offended party – includes minors, even Seduction, abduction, acts of lasciviousness independently of those in item b, except if incompetent or incapable
b. Parents, grandparents, guardian - right to file the action shall be exclusive of all other persons and shall be exercised successively in this order

c. State – If the offended party dies or becomes incapacitated before she can file the complaint, and she has no known parents, grandparents or
guardian

Question 16

What are the conditions for filing an information of complaint against Seduction, Abduction, Acts of Lasciviousnes?

Answer 16

The offender must not have been pardoned by any of the offended party and parents, grandparents, guardian.

Question 17

Who may file an information or complaint against Defamation which consists of imputatation of any - adultery, concubinage, seduction, abduction, acts of lasciviousness?

Answer 17

Offended party

Question 18

Does the death of the the offended party after filing the complaint deprive the court of jurisdiction?

Answer 18

NO.

Death after filing the complaint would not deprive the court of jurisdiction. The death of the offended party in private crimes is essential not for the maintenance of the action but solely for the initiation thereof [People v. Diego, G.R. No. 1626 (1937)]

The causes for extinguishment of criminal liability are enumerated in Art. 89 of the Revised Penal Code. The death of the offended party is not one of them. Neither is such an event listed among the grounds of a motion to quash a criminal complaint or information as provided in Sec. 2, Rule 117. No Philippine decision was cited to support the view espoused by the defendant-appellee [People v. Bundalian, G.R. No. L-29985 (1982)]

Note: Bundalian concerned a libel case, but Art. 89, RPC applies to crimes under the RPC in general.

Question 19

What are the causes for total extinguishment of criminal liability?

Answer 19

Article 89. How criminal liability is totally extinguished. - Criminal liability is totally extinguished:

1. By the death of the convict, as to the personal penalties and as to pecuniary penalties, liability therefor is extinguished only when the death of the offender occurs before final judgment.
2. By service of the sentence;
3. By amnesty, which completely extinguishes the penalty and all its effects;
4. By absolute pardon;
5. By prescription of the crime;
6. By prescription of the penalty;
7. By the marriage of the offended woman, as provided in Article 344 of this Code.

Question 20

What is the effect of desistance of the offended party on the criminal action? on civil indemnity?

Answer 20

Desistance of the victim’s complaining mother does not bar the People of the Philippines from prosecuting the criminal action, but it operates as a waiver of the right to pursue civil indemnity [People v. Amaca, G.R. No. 110129 (1995)]

Question 21

Does pardon by the offended party extinguish criminal action?

Answer 21

A pardon by the offended party does not extinguish criminal action except as provided in Art. 344 of the RPC; but civil liability with regard to the interest of the injured party is extinguished by his express waiver [Art. 23, RPC]

Article 344. Prosecution of the crimes of adultery, concubinage, seduction, abduction, rape and acts of lasciviousness. - The crimes of adultery and concubinage shall not be prosecuted except upon a complaint filed by the offended spouse.

The offended party cannot institute criminal prosecution without including both the guilty parties, if they are both alive, nor, in any case, if he shall have consented or pardoned the offenders.

The offenses of seduction, abduction, rape or acts of lasciviousness, shall not be prosecuted except upon a complaint filed by the offended party or her parents, grandparents, or guardian, nor, in any case, if the offender has been expressly pardoned by the above named persons, as the case may be.

In cases of seduction, abduction, acts of lasciviousness and rape, the marriage of the offender with the offended party shall extinguish the criminal action or remit the penalty already imposed upon him. The provisions of this paragraph shall also be applicable to the co-principals, accomplices and accessories after the fact of the above-mentioned crimes.

Question 22

What is required in pardon for adultery and concubinage?

Answer 22

Pardon for adultery and concubinage must come before the institution of the criminal action and both offenders must be pardoned by the offended party if said pardon is to be effective. The pardon can be express or implied [Ligtas v. CA, G.R. No. L-47498 (1987)

Question 23

Can offenses of seduction, abduction and acts of lasciviousness be prosecuted if the offender has been expressly pardoned by offended party or her parents, grandparents or guardian?

Answer 23

NO.

The offenses of seduction, abduction and acts of lasciviousness shall not be prosecuted if the offender has been expressly pardoned by offended party or her parents, grandparents or guardian [Sec. 5, Rule 110]

Question 24

What is the general rule re when pardon of offenses must be made?

Answer 24

General rule: Pardon must be made before the

filing of the criminal complaint in court [People v. Bonaagua, G.R. No. 18897 (2011)]

Question 25

What is the exception to the rule the ‘pardon must be made before the filing of the criminal complaint in court’?

Answer 25

Exception: In rape, marriage between the offender and the offended party would be effective as pardon even when the offender has already commenced serving his sentence [People v. de Guzman, [G.R. No. 185843 (2010)]

Question 26

What is the difference bet. Pardon and Consent re. on what acts it refers?

Answer 26

Pardon:
refers to PAST ACTS

Consent:
refers to FUTURE ACTS

Question 27

What is the difference bet. Pardon and Consent re. to whom it must be extended to in order to absolve liability?

Answer 27

Pardon:
In order to absolve the accused from liability, it must be extended to both offenders

Consent:
In order to absolve the accused from liability, it is sufficient even if granted only to the offending spouse

Question 28

What is the difference bet. Pardon and Consent re when it should be given?

Answer 28

Pardon:
Given after the commission of the crime but before the institution of the criminal action

Consent:
Given before the commission of the crime

Question 29

How is pardon done in adultery and concubinage?

Answer 29

Either expressly or impliedly

In this jurisdiction pardon for adultery and concubinage must come before the institution of the criminal action and both offenders must be pardoned by the offended party if said pardon is to be effective.

The pardon can be express or in applied. Thus, when the offended party in writing or in an affidavit asserts that he or she is pardoning his or her erring spouse and paramour for their adulterous act this is a case of express pardon.

There is implied pardon when the offended party continued to live with his spouse even after the commission of the offense. However such consent or pardon cannot be implied when the offended party allows his wife to continue living in the conjugal home after her arrest only in order to take care of their children [Ligtas v. CA, G.R. No. L-47498 (1987), citing People v. Boca (CA), O.G. 2248]

Question 30

How is consent done in adultery and concubinage?

Answer 30

Express only

But note: Ligtas v. CA [G.R. No. L-47498], where the SC stated, “However, such consent or pardon cannot be implied when the offended
party allows his wife to continue living in the conjugal home after her arrest only in order to take care of their children.” This
statement suggests that consent may be implied if the circumstances were different. However, Ligtas concerned the issue of pardon, not consent.

Question 31

How is pardon done in seduction, abduction, and acts of lasciviousness?

Answer 31

Must be expressly made

Question 32

Cand offended party consent to seduction, abduction, and acts of lasciviousness?

Answer 32

NO.

Offended party cannot consent to the crime

Question 33

How is express pardon exercised in adultery and concubinage?

Answer 33

Thus, when the offended party in writing or in an affidavit asserts that he or she is pardoning his or her erring spouse and paramour for their adulterous act this is a case of express pardon.
[Ligtas v. CA, G.R. No. L-47498 (1987), citing People v. Boca (CA), O.G. 2248]

Question 34

How is an implied pardon exercised in adultery and concubinage?

Answer 34

There is implied pardon when the offended party continued to live with his spouse even after the commission of the offense.

However such consent or pardon cannot be implied when the offended party allows his wife to continue living in the conjugal home after her arrest only in order to take care of their children

[Ligtas v. CA, G.R. No. L-47498 (1987), citing People v. Boca (CA), O.G. 2248]

Question 35

What is the general rule re. subsequent marriage in cases of seduction, abduction, acts of lasciviousness and rape?

Answer 35

General rule: In cases of seduction, abduction, acts of lasciviousness and rape, the marriage of the offender with the offended party shall extinguish the criminal action or remit the penalty already imposed upon him, together with the coprincipals, accomplices, and accessories after the fact of the above-mentioned crimes [Art. 344, RPC]

Question 36

What are the exceptions to the rule that subsequent marriage in cases of subsequent, abduction, acts of lasciviousness and rape shall extinguish the criminal action?

Answer 36

1. Marriage was invalid or contracted in bad faith to escape criminal liability [People v. Santiago, G.R. No. L-27972 (1927)]
2. In multiple rape, insofar as the other accused in the other acts of rape respectively committed by them are concerned [People v. Bernardo (38 O.G. 3479)]

Note: The enumeration in Art. 344, RPC quoted above does not include: a. Adultery b. Concubinage, c. Defamation which consists in the imputation of concubinage, adultery, seduction, abduction, or acts of lasciviousness

Question 37

What are the remedies if the prosecutor refuses to file an information?

Answer 37

a. Action for mandamus, in case of grave abuse of discretion;
b. Lodge a complaint before the court having jurisdiction over the offense;
c. Take up the matter with the Department of Justice under the appropriate administrative procedure;
d. Institute an administrative charge against the erring prosecutor; and
e. File criminal action against the prosecutor for negligence to prosecute or tolerance of the crime [Art 208, RPC] with the corresponding civil action for damages for failure to render service by a public officer [Art 27, NCC]

Question 38

When does it become mandatory for a prosecutor to charge and prosecute someone?

Answer 38

The moment the prosecutor finds one to be so liable or responsible for the offense, it becomes his inescapable duty to charge him therewith and to prosecute him for the same. In this moment, it becomes mandatory in character [Metropolitan Bank and Trust Company v. Reynaldo, G.R. No. 164538 (2010)]

in case of grave abuse of discretion;
Action for mandamus lies as remedy if prosecutor refuses to file an information

Question 39

Who has control of the Prosecution?

Answer 39

The Prosecutor

All criminal actions commenced by a complaint or information shall be prosecuted under the direction and control of the prosecutor. BUT a private prosecutor may be authorized in writing by the Chief of the Prosecution office or the Regional State Prosecutor to prosecute the case subject to the approval of the court [Sec. 5, Rule 110, as amended by A.M. No. 02-2-07-SC (2002)]

Question 40

What are the conditoins for a private prosecutor to prosecute a criminal action?

Answer 40

a. The public prosecutor has heavy work schedule or there is no public prosecutor assigned in the province or the city
b. The private prosecutor is authorized in writing by the Chief of the Prosecutor office or the Regional State Prosecutor
c. The authority of the private prosecutor was approved by the Court
d. The private prosecutor shall continue to prosecute the case up to the end of the trial unless the authority is revoked or otherwise withdrawn.

[Sec. 5, Rule 110, A.M. No. 02-2-07-SC (2002)]

e. In case of withdrawal or revocation of authority, the same must be approved by the court [DOJ Memorandum Circular No. 25 (2002)]
f. The prosecution of the civil liability has not been reserved or waived.

Orbiter Dictum:
Regarding item d of the enumeration above, Note, however, this statement from Mobilia Products Inc. v. Umezawa, G.R. No. 149357 (2005), “It is necessary that the public prosecutor be present at the trial until the final termination of the case; otherwise, if he is absent, it cannot be gainsaid that the trial is under his supervision and control.” However, said statement was not necessary for the disposition of the case.

Question 41

In MTCs or MCTCs, who may prosecute the case when the prosecutor assigned thereto or to the case is not available?

Answer 41

However, in MTCs or MCTCs when the prosecutor assigned thereto or to the case is not available, the offended party, any peace officer, or public officer charged with the enforcement of the law violated may prosecute the case. This authority shall cease upon actual intervention of the prosecutor or upon elevation of the case to the RTC [OCA Circular No. 39-02, stating in toto Sec. 5, Rule 110, as amended by A.M. No. 02-2-07-SC]

Question 42

What is the general rule on who may bring or defend actions in behalf of the Republic of the Philippines, or represent the People of the Philippines of State in criminal proceedings before the SC and the CA?

Answer 42

General rule: Only the Solicitor General may bring or defend actions in behalf of the Republic of the Philippines, or represent the People of the Philippines or State in criminal proceedings before the SC and the CA [Cariño v. De Castro, G.R. No. 176084 (2008)]

Exceptions:

a. When there is denial of due process of law to the prosecution and the State or its agents refuse to act on the case to the prejudice of the State and the private offended party [Cariño v. De Castro, G.R. No. 176084 (2008)], and
b. When the private offended party questions the civil aspect of a decision of a lower court [Heirs of Delgado v. Gonzalez, G.R. No. 184337 (2009)]

Question 43

What are the exceptions to the rule that ‘only the Solicito General may bring or defend actions in behalf of the Republic of the Philippines, or represent the People of the Philippines or State in criminal proceedings before teh SC and the CA?’

Answer 43

a. When there is denial of due process of law to the prosecution and the State or its agents refuse to act on the case to the prejudice of the State and the private offended party [Cariño v. De Castro, G.R. No. 176084 (2008)], and
b. When the private offended party questions the civil aspect of a decision of a lower court [Heirs of Delgado v. Gonzalez, G.R. No. 184337 (2009)]

Question 44

Who shall represent the People of the Philippines in cases elevated to the Sandiganbayan and the Supreme Court?

Answer 44

The Office of the Ombudsman, through the Special Prosecutor, shall represent the People of the Philippines, except in cases filed pursuant to EO Nos. 1,2, 14, 14-A as these are under the PCGG [Sec. 4, P.D. 1606, as amended by R.A. 10660]

EO Nos. 1,2, 14, 14-A - re Marcoses’ wealth

Question 45

What is the extent of the Prosecutor’s Control prior to filing?

Answer 45

Matters which are within the control of the
prosecutor

1. What case to file
2. Whom to prosecute
3. Manner of prosecution
4. Right to withdraw information before arraignment even without notice and hearing
   [Crespo v. Mogul, G.R. No. L-53373 (1987)]

Question 46

What is the extent (limitations) of the Prosecutor’s control after filing?

Answer 46

The following matters are already within the control of the court and are no longer within the discretion of the prosecutor:

1. Suspension of arraignment [Sec 1, Rule 116 “Upon motion by proper party”]
2. Granting a reinvestigation; However, when the judge grants the reinvestigation, he may not choose the public prosecutor who will conduct such reinvestigation or preliminary investigation. [Levista v. Alameda, G.R. No. 182677 (2010)]
3. Dismissal of the case [Crespo v. Mogul, G.R. No. L-53373 (1987)]
4. Downgrading of the offense or dropping of accused before plea [Sec. 14(b), Rule 110]

It is the prosecutor’s duty to proceed with the presentation of his evidence to the court to enable the court to arrive at its own independent judgment as to whether the accused should be convicted or acquitted [Crespo v. Mogul, G.R. No. L-53373 (1987)]

Once a complaint or information is filed in court, any disposition of the case as its dismissal or the conviction or acquittal of the accused rests on the sound discretion of the court. A motion to dismiss should be filed with the court, which has the option to grant or deny it [Crespo v. Mogul, G.R. No. L-53373 (1987)]

Question 47

What are the limitatios on the court’s control?

Answer 47

a. The prosecution is entitled to notice of hearing;
b. The court must suspend arraignment, upon motion by the proper party, when a petition for review of the resolution of the prosecutor is pending at either the DOJ, or the OP; provided, that the period of suspension shall not exceed 60 days counted from the filing of the petition with the reviewing office [Sec. 11(c), Rule 116]

c. The court must make its own independent evaluation or assessment of the merits of the case
(e. g. on a motion to dismiss [should be to quash]). Otherwise, there will be a violation of private complainant’s right to due process and erroneous exercise of judicial discretion [Martinez v. CA, [G.R. No. L-112387 (1994)]

Question 48

What is the effect of the lack of intervention of the fiscal?

Answer 48

Evidence presented by the private prosecutor at said hearing could not be considered as evidence for the plaintiff.

Although the private prosecutor had previously been authorized by the special counsel to present the evidence for the prosecution, in view of the absence of the City Fiscal at the hearing, it cannot be said that the prosecution of the case was under the control of the City Fiscal. It follows that the evidence presented by the private prosecutor at said hearing could not be considered as evidence for the plaintiff [People v. Beriales, G.R. No. L-39962 (1976)]

Question 49

What is a complaint?

Answer 49

A complaint is a sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer or other public officer charged with the enforcement of the law violated [Sec. 3, Rule 110]

Question 50

What is an information?

Answer 50

An information is an accusation in writing, charging a person with an offense, subscribed by the prosecutor and filed with the court [Sec. 4, Rule 110]

Question 51

What is the difference bet. a Complaint and an Information re who may it be subscribed by?

Answer 51

Complaint:
Subscribed by the offended party, any peace officer or other officer charged with the enforcement of the law violated [Sec. 3, Rule 110]

Information:
Subscribed by the prosecutor [Sec. 4, Rule 110]
(Indispensable requirement. Lack of authority of the officer signing it cannot be cured by silence, acquiescence or even express consent.)

Question 52

What is the difference bet, a Complaint and an Information re where it may be filed?

Answer 52

Complaint:
May be filed either in court or in the prosecutor’s office [Sec. 1, Rule 110]

Information:
Filed with the court [Sec. 4, Rule 110]

Question 53

What is the differnce bet. a Complaint and an Informatoin re requirement of oath?

Answer 53

Complaint:
Must be sworn hence, under oath [Sec. 3, Rule 110]

Information:
Requires no oath [Sec. 4, Rule 110]
The fiscal filing the information is acting under the oath of his office.

Question 54

What are the contents of a valid information?

Answer 54

A complaint or information is sufficient if it states

a. The name and surname of the accused; or any appellation or nickname by which he is known or had been known
b. The designation of the offense given by the statute
c. The acts or omissions complained of as constituting the offense
d. The name of the offended party e. The approximate date of the commission of the offense, and
f. The place where the offense was committed

Question 55

In an offense committed by more than one person, who should be included in the complaint or information?

Answer 55

When an offense is committed by more than one person, all of them shall be included in the complaint or information.
[Sec. 6, Rule 110]

Question 56

What is the test for sufficiency of the complaint or information?

Answer 56

The test for sufficiency of the complaint or information is whether the crime is described in intelligible terms with such particularity as to apprise the accused with reasonable certainty of the offense charged [Lazarte v. Sandiganbayan, G.R. No. 180122 (2009)]

Question 57

fib

When there is ambiguity in the accusation, the case must be resolved in favor of the ___________.

Answer 57

Accused

When there is ambiguity in the accusation, the case must be resolved in favor of the accused [People v. Ng Pek, G.R. No. L-1895 (1948)]

Question 58

What is the general rule re the ability of a defective to support a judgement of conviction?

Answer 58

General Rule:

A defective information cannot support a judgment of conviction

Question 59

What is the exception to the rule that a defective information cannot support a judgement of conviction?

Answer 59

Exception: Where the defect in the information was cured by evidence during the trial and no objection appears to have been raised [Abunado v. People, G.R. No. 159218 (2004)]

Question 60

When is an accused deemed to have waived his right to assail the sufficiency of the information?

Answer 60

When he voluntarily entered a plea when arraigned and participated in the trial

An accused is deemed to have waived his right to assail the sufficiency of the information when he voluntarily entered a plea when arraigned and participated in the trial [Frias v. People, G.R. No. 171437 (2007)]

Question 61

Can objections relating to the form of the complaint or information be made for the first time on appeal?

Answer 61

NO.

Objections relating to the form of the complaint or information cannot be made for the first time on
appeal. The accused should have moved for a bill of particulars or for quashal of information before arraignment, otherwise he is deemed to have waived his objections to such a defect [People v. Teodoro, G.R. No. 172372 (2009)]

NOTE: Exception would be if the defect consists in the lack of authority of the prosecutor who filed the information; such defect is jurisdictional.

Question 62

When must objections relating to the form of the complaint or information be mage?

Answer 62

The accused should have moved for a bill of particulars or for quashal of information before arraignment, otherwise he is deemed to have waived his objections to such a defect [People v. Teodoro, G.R. No. 172372 (2009)]

NOTE: Exception would be if the defect consists in the lack of authority of the prosecutor who filed the information; such defect is jurisdictional.

Question 63

What are the rules re Name of the accused as a requirement for valid information?

Answer 63

1. The complaint or information must state the name and surname of the accused or any appellation or nickname by which he has been or is known.
2. If his name cannot be ascertained, he must be described under a fictitious name with a statement that his true name is unknown.
3. If the true name of the accused is thereafter disclosed by him or appears in some other manner to the court, such name shall be inserted in the complaint or information and record. [Sec. 7, Rule 110]

Question 64

Is an information against an accused described as “Jogn Doe” valid?

Answer 64

NO.

An information against all accused described as “John Does” is void, and an arrest warrant against them is also void [Pangandaman v. Casar, G.R. No. L-71782 (1988)]

If his name cannot be ascertained, he must be DESCRIBED under a fictitious name with a statement that his true name is unknown.[Sec. 7, Rule 110]

Question 65

What is the general rule re indicating the place of commission for a valid information?

What is the exception to the rule?

Answer 65

General rule: The complaint or information is sufficient if it can be understood from its allegations that the offense was committed or some of its essential ingredients occurred at some place within the jurisdiction of the court.

Exception: The particular place where it was committed constitutes an essential element of the offense charged or is necessary for its identification [Sec. 10, Rule 110]

Question 66

What is the general rule re indicating the date of commission for a valid information?

What is the exception?

Answer 66

General rule: It is not necessary to state in the complaint or information the precise date the offense was committed. The offense may be alleged to havebeen committed on a date as near as possible to the actual date of the commission.

Exception: When it is a material ingredient of the offense [Sec. 11, Rule 110]

Question 67

Is an allegation in an information of a date that tis different from the one established during trial considered as an error fatal to the prosecution?

Answer 67

NO.

Allegation in an information of a date different from the one established during the trial would not, as a rule, be considered as an error fatal to the prosecution. Erroneous allegation is just deemed supplanted by the evidence presented during the trial or may even be corrected by a formal amendment of the information.

Question 68

When does variance in the date of the commission of the offense become fatal?

Answer 68

Variance in the date of commission of the offense only becomes fatal when such discrepancy is so great that it induces the perception that the information and the evidence are no longer pertaining to one and the same offense. In this event, the defective allegation in the information is struck down for violating right of accused to be informed of specific charge [People v. Delfin, G.R. No. 201572 (2014)]

Question 69

What are the rules re valid information in offenses against property?

Answer 69

If the name of the offended party is unknown, the property must be described with such particularity as to properly identify the offense charged [Sec. 12(a), Rule 110]

If the true name of the person against whom or against whose property the offense was committed is thereafter disclosed or ascertained, the court must cause such true name to be inserted in the complaint or information and the record [Sec. 12(b), Rule 110]

Question 70

What are the rules re valid information when the offended party is a juridical person?

Answer 70

The complainant or offended party must state its name, or any name or designation by which it is known, or by which it may be identified, without need of averring that it is a juridical person or that it is organized in accordance with law [Sec. 12(c), Rule 110]

Question 71

Does the specific acts of the accused have to be described in detail in the information?

Answer 71

NO.

Specific acts of accused do not have to be described in detail in the information, as it is enough that the offense be described with sufficient particularity to make sure the accused fully understands what he is being charged with [Guy v. People, G.R. No. 166794-96 (2009)]

Question 72

What must the complaint or information state re the ‘designation of offense’?

Answer 72

The complaint or information shall state the designation of the offense given by the statute, aver the acts or omissions constituting the offense, and specify its qualifying and aggravating circumstances. If there is no designation of the offense, reference shall be made to the section or subsection of the statute punishing it [Sec. 8, Rule 110]

Question 73

Does allegations prevail over the designation of the offense?

Answer 73

YES.

Allegations prevail over the designation of the offense. The facts, acts or omissions alleged and not its title, determine the nature of the crime. The designation of the offense is only the conclusion of the prosecutor [People v. Magdowa, G.R. No. 48457 (1941)]

Question 74

Can an accused be convicte of a crime more serious than that named in the title?

Answer 74

YES.

An accused may be convicted of a crime more serious than that named in the title if such crime is covered
by the facts alleged in the body of the Information and its commission is established by evidence [Buhat v. CA, G.R. No. 119601 (1996)]

Question 75

Does the minute details and cooperation on Illegal Drug Trading need to be specified in the Information?

Answer 75

NO.

The minute details of participation and cooperation on Illegal Drug Trading are matters of evidence that need not be specified in the Information but presented and threshed out during trial [De Lima v. Guerrero, G.R. No. 229781 (2017)]

Question 76

What are the rules re Qualifying and Aggravating Circumstances?

Answer 76

The acts or omissions complained of as constituting the offense and the qualifying and aggravating circumstances must be stated:

a. In ordinary and concise language; and
b. Not necessarily in the language used in the statute; but

c. In terms sufficient to enable a person of common understanding to know what offense is being charged as well as its qualifying and aggravating circumstances and for the court to pronounce judgment
[Sec. 9, Rule 110]

Question 77

Should qualifying and aggravating circumstances be alleged in the Information?

Answer 77

YES

Qualifying and aggravating circumstances must be alleged in the Information. Otherwise, they are not to be considered even if proven during the trial [Viray v. People, G.R. No. 205180 (2013)]

Question 78

Can the failure to allege qualifying and aggravating circumstances in the information be cured by an amendment of information after the accused entered his plea?

Answer 78

NO.

The failure to allege such cannot be cured by an amendment of the information after the accused entered his plea [People v. Antonio, G.R. No. 142727 (2002)]

Question 79

Can aggravating circumstances not alleged in the information be a basis for awarding exemplary damages?

Answer 79

YES

If the aggravating circumstances were not alleged, they can still be basis for the awarding of exemplary damages. The basis, however, is no longer Art. 2230 of the NCC, but Art. 2229 (by way of example or correction for the public good) [People v. Dalisay, G.R. No. 188106 (2009)]

Question 80

What are the requirements for alleging the aggravating circumstance of habitual delinquency in the information?

Answer 80

The Information must specify the following

a. The commission of the previous crimes
b. The last conviction or release

[People v. Venus, G.R. No. 45141 (1936)]

Question 81

What is the rule and the exception on Negative Averments?

Answer 81

General rule: whenever a person accused of the commission of a crime claims to be within the
statutory exception, it is more logical and convenient that he should aver and prove the fact than that the prosecutor should anticipate such defense, and deny it [Cabrera v. Marcelo, G.R. Nos.. 157419-20 (2004), citing People v. San Juan, G.R. No. L-22944 (1968)], citing US v. Chan Toco, G.R. No. 3851 (1908)]

Exception: Where the exemptions are so incorporated in the language defining the crime that the ingredients of the offense cannot be accurately and clearly set forth if the exemption are omitted, the indictment, to be sufficient, must show that the person charged does not fall within the exemptions [People v. San Juan, G.R. No. L-22944 (1968), citing US v. Pompeya, G.R. No. L10255 (1915)]

Question 82

When a complex crime is charged, is it necessary for the allegation to charge a complex crime as defined by law?

Answer 82

The allegations do not necessarily have to charge a complex crime as defined by law. It is sufficient that the Information contains allegations which show that one offense was a necessary means to commit the other [People v. Alagao, G.R. No. L-20721 (1966)]

Question 83

What happens when the evidence fails to support the charge of one of th component offenses of a complex crime?

Answer 83

Defendant can only be convicted of the offense proven

Where what is alleged in the information is a complex crime and the evidence fails to support the charge as to one of the component offenses, the defendant can only be convicted of the offense proven [Gonzaludo v. People, G.R. No. 150910 (2006)]

Question 84

What does duplicity of the offense in an information or complaint mean?

Answer 84

Duplicity of the offense in an information or complaint means the joinder of two or more separate and distinct offenses in one and the same information or complaint [Loney v. People, G.R. No. 152644 (2006)]

Question 85

What is the general rule re the amount of offense that can be charge in a complaint or information?

Answer 85

A complaint or information must charge only one offense

Question 86

What is the exception to the general rule that ‘a complaint or information must charge only one offense?’

Answer 86

Exception:

Multiple offenses may be charged when the law prescribes a single punishment for various offenses: [Sec. 13, Rule 110]

a. Complex crimes – e.g. Acts committed in furtherance of rebellion are crimes in themselves but are absorbed in the single crime of rebellion. The test is whether the act was done in furtherance of a political end [Enrile v. Salazar G.R. No. 92163 (1990)]
b. Special complex crimes

c. Continuous crimes
1. Plurality of acts performed separately during a period of time
2. Unity of penal provision violated
3. Unity of criminal intent
[People v. Ledesma, G.R. No. L-41522 (1976)]

d. Crimes susceptible of being committed in various modes
e. Crimes of which another offense is an ingredient [People v. Camerino, G.R. No. L-13484 (1960)]
f. When a single act violates different statutes [Loney v. People, G.R. No. 152644 (2006)]

Question 87

What is the rationale for ‘crimes susceptible of being committed in various modes’ as an exception to the rule that ‘a complaint or information must charge only one offense’?

Answer 87

In case of crimes susceptible of being committed in various modes, the allegations in the information of the various ways of committing the offense would be regarded as a description of only one offense and information is not rendered defective. [Jurado v. Suy Yan, G.R. No. L-20714, (1971)]

Question 88

What is the remedy in case of duplicity of offense in an information?

Answer 88

The filing of a motion to quash is the remedy in case of duplicity of offense in an information [Sec. 3(f), Rule 117]

Question 89

When must an objection to a complaint or information which charges more than one offense be interposed/

Answer 89

Before the accused enters his plea

Objection to a complaint or information which charges more than one offense must be timely interposed before the accused enters his plea [Sec 1, Rule 117]

Question 90

Is failure to file a motion to quash the duplicity of offense in an information a waiver? what is its effect?

Answer 90

YES.
The court may convict the accused of as many offense as are charged and proved, and impose on him the penalty for each.

Failure to do so constitutes a waiver [People v. Tabio, G.R. No. 179477 (2008)] and the court may convict the accused of as many offenses as are charged and proved, and impose on him the penalty for each offense [Sec. 3, Rule 120]

Question 91

What is an Amendment of Complaint or Information?

Answer 91

Amendment

A change in either the form or substance of the same offense in the Information. It is not a new charge; it just supersedes the original Information but relates back to the date at which the original information was filed [Teehankee Jr. v. Madayag, G.R. No. 103102 (1992)]

Question 92

What are the kinds of Amendment of Complaint or Information?

Answer 92

a. Formal Amenment

b. Substantial Amendment

Question 93

What is a Formal Amendment of Information or Complaint?

Answer 93

Formal amendment merely states with additional precision something which is already contained in the original information, and which, therefore adds nothing essential for conviction for the crime charged [Gabionza v. CA, G.R. No. 140311 (2001)]

Examples

1. New allegations which relate only to the range of penalty that the court might impose in the event of conviction;
2. One which does not charge another offense distinct from that already charged;
3. Additional allegation which do not alter the prosecution’s theory of the case so as to surprise the accused or affect the form of defense he has or will assume;
4. One which does not adversely affect any substantial right of the accused, such as his right to invoke prescription
   [Teehankee Jr. v. Madayag, G.R. No. 103102 (1992)]

Question 94

What are some examples of Formal Amendments of information or complaint?

Answer 94

Examples

1. New allegations which relate only to the range of penalty that the court might impose in the event of conviction;
2. One which does not charge another offense distinct from that already charged;
3. Additional allegation which do not alter the prosecution’s theory of the case so as to surprise the accused or affect the form of defense he has or will assume;
4. One which does not adversely affect any substantial right of the accused, such as his right to invoke prescription
   [Teehankee Jr. v. Madayag, G.R. No. 103102 (1992)]

Question 95

What is substantial amendment of information or complaint?

Answer 95

Substantial amendment consists of the recital of facts constituting the offense charged and determinative of the jurisdiction of the court [Teehankee v. Madayag, G.R. No. 103102 (1992)]

Examples

1. Stating a different manner of committing the felony
2. Including conspiracy because such involves a change in the basic theory of the prosecution
3. Change in the date of commission of the offense that will be prejudicial to the accused

Question 96

What are examples of Substantial amendment of information or complaint?

Answer 96

Examples

1. Stating a different manner of committing the felony
2. Including conspiracy because such involves a change in the basic theory of the prosecution
3. Change in the date of commission of the offense that will be prejudicial to the accused

Question 97

What is the rule re variance on teh date of the commission of the offense?

Answer 97

Since the date of commission of the offense is not required with exactitude, the allegation in an information of a date of commission different from the one eventually established during the trial would not, as a rule, be considered as an error fatal to prosecution. In such cases, the erroneous allegation in the information may be corrected by a formal amendment in the information. The foregoing rule, however, is concededly not absolute. Variance in the date of commission of the offense as alleged in the information and as established in evidence becomes fatal when such discrepancy is so great that it induces the perception that the information and the evidence are no longer pertaining to one and the same offense. [People v. Opemia, G.R. No. L-7987 (1956)]

Question 98

Is an amendment that would change the date of commission of offense from 1947 to 1952 a matter of form ?

Answer 98

NO.

Substantial Amendment

An amendment that would change the date of the commission of the offense from 1947 to 1952 is certainly not a matter of form [People v. Delfin, G.R. No. 201572 (2014), citing People v. Opemia, G.R. No. L-7987 (1956)]

Question 99

What is the test as to whether the amendment is merely formal?

Answer 99

The test as to whether the amendment is merely formal is

• whether or not a defense under the original information would be equally available after the amendment and
• whether or not any evidence the accused might have would be equally applicable in one form as in the other

[People v. Degamo, G.R. No. 121211 (2003), citing Teehankee v. Madayag, G.R. No. 103102 (1992)]

Question 100

What is the general rule re the need for leave of court in formal / substantial amendments made before plea or arraignment?

Answer 100

General rule: Any formal or substantial amendment, made before the accused enters his plea may be done without leave of court [Sec. 14, Rule 110]

Question 101

What is the exception to the rule that “any formal or substantial amendment made before the accused enters his plea may be done without leave of court”?

Answer 101

Exception: If the amendment downgrades the nature of the offense charged in, or excludes any accused from, the complaint/information, it can be made only

1. Upon motion of the prosecutor
2. With notice to the offended party and
3. With leave of court

The court is mandated to state its reasons in resolving the motion of the prosecutor and to furnish all parties, especially the offended party, of copies of its order [Sec. 14, Rule 110]

Question 102

Can all defects in an information be cured by an amendment?

Answer 102

NO.

Not all defects in an information may be cured by an amendment. An Information which is void ab initio cannot be amended to obviate a ground for quashal. An amendment which operates to vest jurisdiction is impermissible [Leviste v. Alameda G.R. No. 182677 (2010)]

Question 103

Does the prosecution have the authority toamend the information at any time before arraignment?

Answer 103

YES.

pursuant to Sec. 14, Rule 110

Granting without conceding that the information contains averments which constitute the elements of Direct Bribery or that more than one offence is charged or as in this case, possibly bribery and violation of R.A. 9165, still the prosecution has the authority to amend the information at any time before arraignment pursuant to Sec. 14, Rule 110 [De Lima v. Guerrero, G.R. No. 229781 (2017)]

Question 104

What are the conditions for a formal amendment of information after plea and during trial?

Answer 104

Amendment as to form can only be made under two conditions:

1. With leave of court; and
2. It does not cause prejudice to the rights of the accused
   [Sec 14, Rule 110]

Question 105

What is the rule on Substantial amendmemt after plea and during trial?

Answer 105

General rule: Amendment as to substance at this stage of the case is proscribed [People v. Zulueta, G.R. No. L-4017 (1951)]

Rationale

1. It violates the right to be informed of the nature and cause of the accusation during his plea [Buhat v. People, G.R. No. 119601 (1996)]
2. It violates the rule on double jeopardy. “Substantial amendments to the information after the plea has been taken cannot be made over the objection of the accused, for if the original information would be withdrawn, the accused could invoke double jeopardy” [Tehankee v. Madayag, G.R. No. 103102, (1992)]

Question 106

What is the exception to the rule that “Amendment as to substance after plea and during trial is proscribed?”

Answer 106

Amendment may be allowed if it is beneficial to the accused, e.g. amending Information for murder after arraignment by deleting the qualifying circumstances and downgrading the offense to homicide [People v. Janairo, G.R. No. 129254 (2007)]

Question 107

What is Substitution?

Answer 107

If it appears at any time before judgment that a mistake has been made in charging the proper offense, the court shall dismiss the original complaint or information upon the filing of a new one charging the proper offense in accordance with Sec. 19, Rule 119, provided the accused shall not be placed in double jeopardy. The court may require the witnesses to give bail for their appearance at the trial [Sec. 14, Rule 110]`

Question 108

What are the limitations of substitution?

Answer 108

a. At any time before judgment [Sec. 14, Rule 110]
b. The accused cannot be convicted of the offense charged or of any other offense necessarily included therein [Sec. 19, Rule 119]
c. The accused would not be placed in double jeopardy [Sec. 14, Rule 110]

Question 109

What is the difference bet. Amendment and Substitution re applicability?

Answer 109

Amendment:
The same Applicability
attempted, frustrated, necessarily includes or included offense

Substituttion:
Involves different offense

[Teehankee Jr. v. Madayag, G.R. No. 103102, (1992)]

Question 110

What is the difference bet. Amendment and Substitution re scope?

Answer 110

Amendment:
Formal or substantial changes

Substitution:
Substantial changes

[Teehankee Jr. v. Madayag, G.R. No. 103102, (1992)]

Question 111

What is the difference bet. Amendment and Substitution re necessity of leave of court?

Answer 111

Amendment:
Amendment
before plea has been entered Can be effected
without leave of court

Substitution:
Must be with leave of court

[Teehankee Jr. v. Madayag, G.R. No. 103102, (1992)]

Question 112

What is the difference bet. Amendment and Substitution re necessity of new PI and plea?

Answer 112

Amendment:
When amendment is only as to form, no need for another PI and retaking of plea

Substitution:
Another PI is entailed and accused has to plead anew

[Teehankee Jr. v. Madayag, G.R. No. 103102, (1992)]

Question 113

What is the difference bet. Amendment and Substitution re offense involved?

Answer 113

Amendment:
The amended information refers to the same offense charged in the original information or to an offense which is included in the original charge; can invoke double jeopardy

Substitution:
Involves a different offense which does not include those provided in the original charge; cannot invoke double jeopardy

[Teehankee Jr. v. Madayag, G.R. No. 103102, (1992)]

Question 114

What is the difference bet. Amendment and Substitution re Double Jeopardy?

Answer 114

Amendment:
The accused could invoke double jeopardy if the new
Double jeopardy
information is a substantial amendment and it was done after the plea because such would Refer to Part the same offense charged or to an offense necessarily includes or included

Substitution:
The accused cannot claim double jeopardy; Presupposes that the new information involves a different offense which does not include or is not included in the original charge.

[Teehankee Jr. v. Madayag, G.R. No. 103102, (1992)]

Question 115

What is the effect when the offense proved is LESS than the offense charged?

Answer 115

The accused will be convicted of the offense proved [Sec. 4, Rule 120]

Question 116

What is the effect when the offense proved is GREATER than the offense charged?

Answer 116

The accused will be convicted of the offense charged [Sec. 4, Rule 120]

Question 117

What is the effect when the offense proved is DIFFERENT and NOT NECESSARILY INCLUDED/INCLUDES the offense charged?

Answer 117

The case should be dismissed and a new Information should be filed, charging the proper offense. [Sec. 14, Rule 110]

Question 118

What is the general rule re venue of criminal actions?

Answer 118

General rule: In all criminal prosecutions, the action must be instituted and tried in the courts of the municipality or territory where

(1) The offense was committed, or
(2) Any of its essential ingredients occurred [Sec. 15(a), Rule 110]

Question 119

Does the court have jurisdiction to try an offense committed outside its territorial jurisdiction?

Answer 119

NO

The court has no jurisdiction to try an offense committed outside its territorial jurisdiction [People v. Pineda, G.R. No. 44205 (1993)]

Question 120

Unlike in civil cases, in criminal cases _______ is jurisdictional.

Answer 120

Venue

Unlike in civil cases, in criminal cases venue is jurisdictional [People v. Metropolitan Trial Court of Quezon City, Br. 32, G.R. No. 123263 (1996)]

Question 121

What are the crimes which are exceptions to the rule that “criminal actions must be instituted and tried in the courts of the muincipality or territory where offense was committed or any of its essential ingredient occured”?

Answer 121

a. Felonies under Art.
2, RPC (offense on board a PH ship or airship, forgery or counterfeiting of coins, public officers abroad in the exercise of their duties, crimes against national security and the law of nations)

b. Those committed on a railroad train, aircraft, or any other public or private vehicle in the court of its trip
c. Those committed on board a vessel in the course of its voyage
d. Piracy, which has no territorial limits
e. Libel
f. Cases filed under B.P. 22
g. Illegal recruitment cases (R.A. 8042 or Migrant Workers Act)

h. Violations of RA
10175 (Cybercrime Prevention Act of 2012)

i. In exceptional circumstances to ensure a fair trial and impartial inquiry
j. Transitory or continuing offenses

Question 122

What is the venue of felonies under Art 2 RPC?

[offense on board a PH ship or airship, forgery or counterfeiting of coins, public officers abroad in the exercise of their duties, crimes against national security and the law of nations]

Answer 122

Proper court where criminal action was first filed [Sec. 15, Rule 110]

Question 123

What is the venue of crimes committed on a railroad train, aircraft, or any other public or private vehicle in the court of its trip?

Answer 123

In the court of any municipality or territory where such train, aircraft, or other vehicle passed during its trip, including place of departure and arrival[Sec. 15, Rule 110]

Question 124

What is the venue of crimes committed on board a vessel in the course of its voyage?

Answer 124

In the proper court of the first port of entry or of any municipality or territory through which such vessel passed during its voyage, subject to the generally accepted principles of international law [Sec. 15, Rule 110]

Question 125

What is the venue of piracy, which has no territorial limits?

Answer 125

May be instituted anywhere [People v. Lol-lo and Saraw, G.R. No. 17958 (1922)]

Question 126

What is the venue of the crime of Libel?

Answer 126

If one of the offended
parties is a private individual,

(a) Where the libelous article is printed and first published, or
(b) Where said individual actually resides

If one of the offended
parties is a public official,

a. Where the official holds office at the time of the commission of the offense

1. If the office is in Manila, then CFI Manila
2. If the office is any other city orprovince, then file where he holds office

b. Where the libelous article is printed and first published

For online libel, the same measure cannot be reasonably expected when it pertains to defamatory material appearing on the Internet or on a website as there would be no way of determining the situs of its printing and first publication [Bonifacio v. RTC of Makati, G.R. No. 184800 (2010)]

Question 127

What is the venue of cases filed under BP 22?

Answer 127

May be filed in the place where the check was dishonored or issued. In the case of a cross-check, in the place of the depositary or collecting bank [People v. Grospe, G.R. No. L-74053-54, (1988)]

Question 128

What is the venue of Illegal recruitment cases (R.A. 8042 or Migrant Workers Act)

Answer 128

The victim has the option to file the case in his

place of residence or in the place where the crime was committed [Sto Tomas v. Salac G.R. No. 152642 (2012)]

Question 129

What is the venue of Violations of RA

10175 (Cybercrime Prevention Act of 2012)?

Answer 129

RTCs have jurisdiction over any violation of the provisions of the Act, including any violation committed by a Filipino national regardless of the place of commission [Sec. 21]

Question 130

What is the venue in exceptional circumstances to ensure a fair trial and impartial inquiry?

Answer 130

SC has the power to order a change of venue or place of trial to avoid miscarriage of justice [Sec. 5(4), Art. VII, Constitution]

Question 131

What is the venue of transitory or continuing offenses?

Answer 131

The courts of the territories where the essential ingredients of the crime took place have concurrent jurisdiction. The first court taking cognizance of the case will exclude the others [People v. Grospe, G.R. No. L-74053 (1988)]

Question 132

What is the general rule re the right of the offended party to intervene in the prosecution of a crime?

Answer 132

General rule: An offended party has the right to intervene in the prosecution of a crime, where the civil action for recovery of civil liability is instituted in the criminal action [Sec. 16, Rule 110]

Note: The offended party may intervene by counsel in the prosecution of the offense [Sec. 16, Rule 110] but the prosecution of the case is still subject to the control of the prosecutor [Ricarze v. People, G.R. No. 160451 (2007)]

Question 133

What are the exceptions to the rule that “an offended party has the right to intervene in the prosecution of a crime, where the civil action for recovery of civil liability is instituted in the criminal action”?

Answer 133

a. Where, from the nature of the crime and the law defining and punishing it, no civil liability arises in favor of a private offended party (e.g. treason, rebellion, espionage and contempt) [Rodriguez v. Ponferrada, G.R. No. 155531-34 (2005)]
b. Where, from the nature of the offense, the private offended party is entitled to civil indemnity arising therefrom but he has
1. waived the same or
2. expressly reserved his right to institute a separate civil action or
3. already instituted such action [Rodriguez v. Ponferrada, G.R. No. 155531-34 (2005)]